Cost Efficient Dispute Resolution

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Assessment

This is the required module for gaining a qualifying assessment for entry onto the Academy’s Register of Qualified Dispute Resolvers

The official two day assessment is the vehicle for entrance to the Register of Qualified Dispute Resolvers of the Faculty of Mediation & ADR of The Academy of Experts.

For those wishing to go on the Register of Qualified Dispute Resolvers

With admission to the register comes Accredited Mediator status and the post nominal QDR.

The assessment process is spread over a two day period during which time there will be participation in at least six role play assessments – with at least two as mediator.

Assessment during this Module will consist of role play sessions of up to one hundred and twenty minutes, with the candidate taking the part of mediator. Assessment is an independent process and none of the assessors will have tutored any of the candidates.

Assessment Procedure

Overview

Candidates must demonstrate understanding of the material learned in Modules 1 to 5 and general competence and ability as a mediator. They are required to demonstrate knowledge of and skill in utilising the techniques of mediation including listening and exploration of the matters in dispute.

In particular the assessors will have regard to the candidates’:

management of the opening phase of the mediation, including delivery and content of their opening statements, control and use or parties’ opening statements, and awareness of the relationships between the parties;

ability to identify, understand and clearly summarise the parties’ positions in the dispute;

ability to lead the negotiation phase of the mediation, including applying appropriate skills to explore issues, elicit needs and interest, manage caucuses, initiate option generation, reality test and maintain momentum;

management of the agreement phase of the mediation, bringing the parties to the final detail of their agreement and assisting them to reach agreement and – if appropriate – drafting an appropriate settlement document.

NOTE: For completion of a satisfactory assessment it is not necessary for the mediation necessarily to reach a settlement, and candidates will not be disadvantaged if time does not allow them to reach or complete the settlement stage.

Assessors will have regard to: the mediators’ general demeanour towards the parties, including suitability of dress and language for a commercial dispute, ability to instil confidence in the parties, control of the proceedings, maintenance of appropriate confidentiality between parties, perceived neutrality and lack of overt value judgement, and general likelihood of arriving at a settlement.

Assessment procedure

There will be two assessors – both experienced mediators and assessors – observing each role play session. Please note that the assessors endeavour to make themselves as unobtrusive as possible – just because you cannot see them does not mean that they are not listening to you. During your role play, behaviour towards the “parties” outside of the mediation room will be assessed as part of your performance.

There is no “pass-mark”. Assessors are seeking demonstration throughout the session of general competence and sensitivity in the mediation process. A single critical mistake which has the potential of jeopardising the success of a mediation will, in an otherwise adequate performance, produce an assessment of “unsatisfactory”.

How is achievement recognised?

The assessors’ recommendations are passed to an assessment committee consisting of at least three people. Successful candidates are eligible to apply for entry on The Academy’s Register of Qualified Dispute Resolvers as a Mediator. This will include completion of the appropriate application form and the provision of suitable referees. Candidates’ submitted case study may also be taken into account, as may - where the assessment committee deems it helpful - tutors’ comments on candidates’ previous course work performance or candidates’ demonstration of the their understanding of the mediation process while role-playing “parties”.

Candidates will receive written feedback covering the areas of competence where their performance needs improvement. Unsuccessful participants will be advised as to which areas of performance or knowledge they need to address before presenting for further evaluation. Any additional learning requirements will be identified to such candidates.

The decision of the assessment committee will normally be final. In exceptional cases a candidate may request a review of the decision. The review committee will be chaired by the Dean of the Faculty of Mediation and ADR, who may take into consideration any matter he sees fit. There will be no further appeal from the decision of the review committee.